Receivership Under CrPC--Landlord-Tenant Dispute--Independent Judicial Satisfaction as to Emergency is Mandatory Before Appointment of Receiver Under Section 146 CrPC
Appointment of a receiver under Section 146 of the Code of Criminal Procedure requires independent judicial satisfaction regarding the existence of an emergency or the inability to determine possession. Where possession is neither indeterminable nor disputed, resorting to attachment or receivership in a mechanical manner is impermissible. Further, when a civil court has already granted an injunction, any alleged violation must be remedied before that court, and criminal proceedings under Sections 145–146 CrPC cannot serve as a parallel mechanism to bypass civil remedies.
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